Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 16, 2021
CASE NO(S).: PL200461
The Ontario Municipal Board (the “OMB”) and the Local Planning Appeal Tribunal (the “LPAT”) is continued under the name Ontario Land Tribunal (the “Tribunal”), and any reference to the Ontario Municipal Board or Local Planning Appeal Tribunal in any publication of the Tribunal is deemed to be a reference to the Tribunal.
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Terpstra Drying Inc.
Subject: Application amend Zoning By-law No. 6-ZB-1999 - Refusal of Application by Town of North Perth
Existing Zoning: Agricultural Zone (A)
Proposed Zoning: A-1 Zone & A-62 Zone
Purpose: To permit a surplus farm dwelling on a severed parcel
Property Address/Description: Part Lot 28 Concession 9 (5400 Perth Line)
Municipality: Town of North Perth
Municipality File No.: 127-2020
LPAT Case No.: PL200461
LPAT File No.: PL200461
LPAT Case Name: Terpstra Drying Inc. v. North Perth (Town)
Heard: June 10, 2021 by video hearing
APPEARANCES:
Parties
Counsel
Municipality of North Perth
Steven O’Melia
Terpstra Drying Inc.
Kevin Thompson
MEMORANDUM OF ORAL DECISION DELIVERED BY N.P. ROBINSON ON JUNE 10, 2021 AND ORDER OF THE TRIBUNAL
1This first Case Management Conference (“CMC”) was convened for appeals lodged by Terpstra Drying Inc. (“Appellant”) in relation to the refusal of the Municipality of North Perth (“Municipality”) to grant a proposed Zoning By-law Amendment (“ZBLA”) which the Appellant proposed as a condition precedent to a surplus farm-dwelling severance consent application. The Land Division Committee of the County of Perth (“County”) had conditionally approved the Application to Consent 833/19 (the "Consent Application").
2Proof of service of the Notice of CMC, effected in accordance with the Tribunal’s directives, was filed in advance of the CMC. The Tribunal received no party or participant requests and the parties indicated that they are unaware of any such requests.
3The parties informed the Tribunal before the CMC that they were in discussions to resolve the matters that are the subject of the within appeal.
4At the CMC the parties informed the Tribunal that they had reached a tentative resolution but required time to work out the details and that certain procedural steps would need to occur before resolution. In particular, the Tribunal was informed that an application to modify the conditional consent would be before the County Land Division Committee on Thursday, July 8, 2021.
5The Tribunal directs that these matters be adjourned to Thursday, July 29, 2021 to allow for the completion of those procedural steps and to finalize settlement discussions. It is expected that a settlement hearing will proceed on that date.
6This Member is not seized for the purpose of the hearing.
7The Tribunal so orders.
“N.P. Robinson”
N.P. ROBINSON
MEMBER
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal.